Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1887-07-14
which I ever listened was delivered by,

| OF Shipment TO the place OF destination within
| this State, ana no break of bulk, stoppage or
| interruption made by such common carrier
| shalI prevent the carriage of freight from being
| treated as one continuous carriage from the
place of shipment to the place of destination,
| unless such break, stoppage or interruption
was made in good faith for some necessary
| unnecessarily interrupt such continuous car
| rage or evade any of the provisions of this act:
| PROVIDED that n0,hing herein contained shall be
| construed as requiring any railroad now belong
| ing to class G, and connecting crossing a
trunk line on any branch thereof, to take and
accept for its share and part of the earnings on
| freight that may be so received from such
/ trunk line or any branch thereof, or shipped
/ from its line over such trunk line or any branch
| thereof, pro rata part of the total freight
! earnings from the point at which such shipment
| is received to the place of destination.
| SEC. 10. That in case any such common car
| r1er shall do or cause to be done any act or
| thing in this act prohibited declared to be
unlawful. or shall omit to do any act or thing
| in this act required to be done. then such com
| mon carrier shall be liable to the person or
persons injured thereby for three times the
| amount of damage sustained in consequence
of the violation of the provisions of this act
| together with a reasonable attorneys fee, to
! be fixed by the court which fee shall be taxed
and collected as part of the costs in the case
| SEC.11. That any person claiming to be dam
! aged by any common carrier by reason of any
| violation of the provisions OF this act. may
bring suit therefor in any circuit court OF any
| county or city into or through which the line
| operated by such common carrier enters or
| passes. and such person or persons may make
| complaint as hereinafter provided. to the Rail-
road Commissioners. And if any proceeding is
commenced under the provisions of this act
| Commissioners, the tribunal before which
such proceeding shall be pending
receiver, trustee. agent employee of the com
! mon carrier complained of IN such suit to at
| tend as a witness and testify in such proceed
ing, and may also compel the production Of the
necessary books, papers and documents of such
! common carriers.
| SEC. II. That any such common carrier in the
! first section described, or any of its filters,
agents employees including receivers, trus-
| tees and lessees, who alone, or with any other
person, company corporation. shall DO or
| cause to be done, or shall permit to be done,
any act, matter or thing in this act prohibited
| or declared to be unlawful. shall
| aid or abet therein, or fail to do any act or
| thing in this act required to b done, or shall
| cause any act or thing not 10 be done which
| this act directs shall be done, or shall aid or
| abet any such omission, shall be deemed guilty
| of a violation of the law, and shall forfeit sum
| not exceeding 5000 for each and every onense.
SEC. ID. 1t shall be the duty of the Railroad
| Commissioners of this State to see that the
| provisions of this act enforced. When
| complaint is made in writing by any person
| having an interest in the matter about which
complaint is made that any rate or rates
! established by any such common carrier
are unreasonable unjust, extortion ate,
or that any of the provisions of this act have
| of said Railroad Commissioners to proceed at
once to investigate such complaint and deter
mine the truth of the same, and for that pur-
! pose said railroad Commissioners shall have
power to summon witnesses and to require the
production of any necessary books. papers or
written documents IN possession of the common
carrier complained of, and to this end written
| or printed communications, signed by any one
of such Railroad Commissioners and a1tested
! by the secretary of such commission,
under seal and sent by registered letter
| through the mail or delivered personally to
the person addressed, shall be deemed suf
! ficient service. Witnesses so summoned by
| said commissioners shall be entitled to the
same fees as are allowed in circuit courts in
civil cases. In case of the failure or refusal of
any person or persons so summoned to attend
and testify at the time and place specified in
said summons, or to produce any designated
books. papers or documents required or called
for, as provided for in this section, such person
or persons failing shall be deemed guilty of
contempt and said Railroad Commissioners
shall have power to impose such penalties as
the Circuit Court of this State may impose for
like ofenSeS. And if any common carrier, or
any officer. agent or servant thereof shall will
fully or knowingly obStruct and prevent said
Railroad Commissioners from making such in
vestlgations as are authorized by this act, they
shall be deemed guilty of misdemeancr, and on
conviction thereof may be punished by fine not
exceeding five hundred dollars. For the pur-
road Commissioners, or any of them, shall have
the power to admins er oaths or afflrmations,
and they shall prescribe such rules and regula-
lions for the conduct of such investigation
they may deem best to enable them to arrive at
lug shall be accorded to all parties having an in
terest in such case. Such Railroad Commits
sioners may institute any inquiry. on their own
motion, in the same manner and to the same
effect as though complaint had been made. No
complaint shall at any time be dismissed be-
cause of the absence of direct damage to the
complainant.
SEC. IA. The forfeitures and penalties herein
provided for shall go to the county school fund
of the county where the complainant resides,
If in this State and if not then where sued for,
and may be recovered in civil action in the
name of the State of Missouri, at the relation
of the Board of Railroad Commissioners to the
use of said fund in any county where the Of
Tense may occur. or into or through which the
ra lroad operated by the railroad COM
pany offending, or on which il operates,
may run. 1t shall be the duty of the circuit
prosecuting attorney, and such additi onal
counsel residing in such county, as such board
may employ to prosecute the same when di-
rected by said board, and the attorneys prose-
cutting such suit shall receive for their services.
out of the amount collected by the suits, the
compensation allowed by law on collections
General shall assist in the prosecution
when directed by the Board of Railroad Com
missioners. And all suits instituted under the
provisions of this act shall have precedence in
all courts having jurisdiction thereof over all
other suits therein excepting criminal actions.
SEC. Is. Said Railroad Commissioners shall
render decision in every case investigated in
accordance with the facts thereby ascertained,
and which shall embrace summary statement
of such facts. In case that said Railroad Com
mlssioners shall find in any that any COM
mon carrier has been guilty of any violation of
this act, they shall incorporate such finding in
said decision. and also an order to such COM
mon carrier to deSiSt Immediately from such
violation. In case they shall find that any in
Jury or damage to any person or persons max
ing a complaint as aforesaid, has accrued
by reason of such violation. they shall
award the amount thereof aud ncor-
porate in their decision statement
thereof. and the names of the per
persons so damaged. together with
order to such common carrier to pay the same
to such person by a date to be therein specified.
In case that any such decision shall be against
any such common carrier it shall pay ali costs
of the investigation, which costs shall be Speci-
fed in the decision of the said commissioners.
together with an order to pay to them immedi-
ately the amount thereof. A copy of such de-
cision, signed by the commissioners and attest
ed by the secretary, and sealed with their seal
shall be furnished to each party in interest,
either personally. by registered letter or in
such other manner as the commissioners
may deem sufficient. Said commissioners
all proceedings in every investigation. and of
their decision therein, which shall be public
record and open to the inspection of any citizen
of this State. And if said common carrier
shall refuse to pay the amount adjudged to be
due, or before the day specified aforesaid,
said commissioners may, at their own instance,
persons injured or damaged, cause the Attor-
ney-General or prosecuting attorney of the
proper county to institute suits against such
common carrier in the name of the State of
Missouri, at the relation and to the use OF the
paT thereof f tosher TO with eoss
and upon the trial of such cause
certified copy of the award and decis-
ion of said commissioners shall be received as
prirua facie evidence of each and every fact
therein stated: And provided, however, that
the person or persons to whom such damages
are due may institute suit for same in his own
NAME"
If the result of such examination be in favor
costs shall be by the commissioners certified to
the State Auditor who shall issue a warrant
for the payment thereof out OF any money in
the State Treasury appropriated for that FUR
pose.
SEC. IS. Where complaint is made as herein
provided, and the commissioners are satisfied
that if true it contains a substantial charge,
that some one or more of the provisions of this
act have been violated or are being violated